The Philippines has steered clear of the US watch list on intellectual property protection and enforcement for 10 consecutive years, according to the 2023 Special 301 Report.
The Office of the United States Trade Representative released Wednesday the special report on the adequacy and effectiveness of US trading partners’ protection and enforcement of intellectual property rights.
It recognized the Philippines for its successful implementation of the anti-camcording law, together with Canada, Japan and Ukraine.
The US, in its call to address the “exclusionary geographical index” policy of the European Union, also included the Philippines as an active exporter to the US and by virtue of its membership in the Asia-Pacific Economic Cooperation, World Intellectual Property Organization and the World trade Organization as among the markets it intends to protect from exporters of products that are identified by common names or otherwise marketed under previously registered trademarks.
The report, however, cited the Philippines for slow opposition or cancellation proceedings on conflicts with prior marks or similar brands in the current marketplace. The USTR said this introduces uncertainty into the registration process.
“Goods and services should be considered based on their commercial relationship and not solely in light of classification systems developed for administrative convenience,” the report read.
The Intellectual Property Office of the Philippines said the Bureau of Legal Affairs already introduced “game-changing” rules to reduce the timelines of the decision and disposal of these cases.
The USTR also continues to press trading partners to address concerns on IP protection and enforcement, including through bilateral engagement under trade and investment frameworks and through other mechanisms. Examples in 2022 and early 2023 include engagements with the Philippines and 28 other trading partners.
The Special 301 Report is the USTR’s annual review of concerns and developments in IP protection and enforcement in the markets of US trading partners. The 2023 annual report details USTR’s findings of more than 100 trading partners after significant research and enhanced engagement with stakeholders.
USTR Ambassador Katherine Tai said the US government would continue to engage with the trading partners identified in this year’s report to empower inventors, creators and brands and to demonstrate that trade can deliver tangible results.
“Innovation and creativity are at the heart of American competitiveness. That is why the Biden-Harris administration’s new story on trade includes lifting up the 60 million jobs and workers in our IP-intensive industries through robust IP protection and enforcement in foreign countries,” Tai said.
